We have only one president
By Charles Bloomer
web posted December 10, 2001
Senate Democrats, irritated by the president's high poll numbers,
have decided to do some grandstanding. Democrats have
worked themselves into a lather because the president chooses
to exercise his authority as the nation's chief executive. Senator
Patrick Leahy, chairman of the Senate Judiciary Committee, last
week took potshots at the Bush administration for following the
law.
Senator Leahy is upset that President Bush has ordered terrorists
to be tried by military tribunal rather that civilian courts. Even
more upsetting to Senator Leahy is the fact that the president
made this decision without first informing congress.
Senator Leahy and other Democrats on the Judiciary panel must
have forgotten a couple of important points. On September 14,
the senate passed a resolution by a unanimous vote that stated:
"The president is authorized to use all necessary and appropriate
force against those nations, organizations or persons he
determines planned, authorized, committed, or aided the terrorist
acts that occurred on Sept. 11, or harbored such organizations
or persons, in order to prevent any future acts of international
terrorism against the United States by such nations, organizations
or persons." Every Democrat in the senate voted for that
resolution. It seems the Democrats may be having second
thoughts. Of course, they never dreamed that the president
would actually DO anything about the terrorist acts perpetrated
against the United States, having previously worked with a
president that did nothing but posture and talk.
The September 14 resolution passed by the senate did not
require, request or even recommend that the president inform
congress before he took specific actions to fight the war on
terrorism. The president is not required to inform the senate of
anything other than what is identified in the constitution or as
directed by other laws. The constitution requires the president to
inform congress of the state of the union from time to time, and
to inform congress of the reasons for vetoing a bill. Other laws,
such as the War Powers Act require the president to notify
congress of his intentions. Those requirements notwithstanding,
the president does not have to seek permission from congress to
perform his job.
The senate Democrats have conveniently forgotten the concept
of separation of powers within the government of the United
States. The role of the legislative branch, of which the senate is
part, is to produce legislation and deliver it to the president for
his signature. The constitution does not give executive authority
to the congress. Article II, Section 1 of the constitution says,
"The executive Power shall be vested in a President of the
United States". Article II, Section 2 identifies the president as the
Commander-in-Chief of the armed forces. The day-to-day
execution of the laws of the United States and the leadership of
the armed forces are the responsibilities of the president.
Any complaint from any member of congress about being left out
is nothing more than grandstanding. Complaining members of
congress want to show that they are still "relevant" and
important. Their inflated egos cannot tolerate the lack of attention
- attention that is focused on a president doing his job, and doing
it superbly. Their over-inflated sense of their importance cannot
tolerate their being bystanders during this critical crisis.
Unfortunately, since there is so little constructive they can do,
some members of congress choose to attack the president and
his policies. To these people, a negative contribution is better
than no contribution at all, especially if it gets their names in the
press.
While we listen to the complaints and hot air, we would do well
to remember that we have only one president. The senate
contains 100 senators. The house has 435 representatives. None
of those 535 is the president. None of them has the authority or
responsibility for the day-to-day leadership of the nation. That
responsibility rests with the president.
Whatever the advantages or disadvantages of the decision to try
terrorists by military tribunal, the decision was the president's to
make. Senator Leahy may not like the decision, but then Senator
Leahy is not the president; George W. Bush is.
Charles Bloomer is a Senior Writer at Enter Stage Right. He can
be contacted at clbloomer@enterstageright.com (c) 2001
Charles Bloomer
Enter Stage Right - http://www.enterstageright.com